Mark Freel

Mark W. Freel frequently assists Locke Lord’s private equity clients and their portfolio companies in a wide range of disputes and issues, including post-transactional disputes, employment matters, cases involving the enforcement of covenants not to compete, and other commercial and business disputes.

Mark assists the firm’s private equity clients nationally, including in such jurisdictions as Delaware, Illinois, Rhode Island and New York, among others. Mark also handles matters involving construction and real estate disputes; cases involving unfair competition, trade secrets and covenants not to compete; employment matters; and probate and family business disputes.

He frequently represents and advises manufacturers on issues concerning the protection of intellectual property and proprietary business information, and on commercial and transactional disputes, including cases arising out of the Uniform Commercial Code.

He has represented the manufacturers of aviation products, airlines and airline insurers. He has served as lead counsel in numerous cases involving constitutional and civil rights, including First Amendment rights and section 1983 claims.

Representative Experience :

• Represented private equity investors in numerous recent post-transactional disputes involving purchase price funds held in escrow to indemnify buyers.  Settled several recent cases on favorable terms for buyers; other cases currently pending.
• Represented portfolio companies of private equity investors in a wide variety of employment issues with senior executives and other employees, including the enforcement of non-competition and non-solicitation provisions in post-acquisition scenarios.  Current cases pending in Illinois and New York.
• Recently secured favorable settlement of construction defect claims brought by condominium association at 80-unit luxury waterfront development against the project developer, and also secured favorable settlement for individual homeowners in high-end residential subdivision with similar claims of water intrusion and other defects.
• Currently representing higher educational institution in Title IX claims arising out of student discipline on campus.
• Recently advised multiple employers, including manufacturers, on issues related to the use of marijuana (medical and recreational) in workplace settings.  Related publications and speaking engagements.
• Recently secured a mandatory injunction ordering a contractor to demolish a $2 million waterfront home that was mistakenly built on public park land owned by a charitable foundation. That decision was recently upheld on appeal. Nulman v. Four Twenty Corp.
• Represented a series of product manufacturers in product defect and design claims, including heavy construction equipment, home products, industrial machinery, aircraft, propane tanks, medical devices, building products and the like.
• Represented an international distributor of seafood products in a dispute concerning trademark rights and claims of unfair competition.
• Obtained defense jury verdict in multi-million dollar product liability trial on behalf of Honeywell, the manufacturer of a residential smoke detector. Kiely v. Honeywell.
• Has substantial experience handling disputes in family-owned and closely held businesses, including related probate litigation matters and shareholder disputes.
• Frequently acted as lead counsel in numerous matters involving constitutional and civil rights, such as First Amendment issues and section 1983. Global Waste Recycling, Inc. v. Mallette; Tomaiolo v. Transamerica; Rhode Island Association of Realtors, Inc. v. Sheldon Whitehouse; Block v. Mollis; Irons v. Ethics Commission.

Professional Affiliations :

• Board of Directors, Rhode Island Community Food Bank
• Board of Directors, Secretary and Counsel, Rhode Island Manufacturer’s Association
• Board of Directors, New England Legal Foundation
  • Chairman, Legal Review Committee
• Vice Chair, Zoning Board of Review (Barrington, RI)
• Member, Rhode Island Bar Association

Education :

• J.D., highest honors, University of Connecticut School of Law, 1987
• M.A., University of New Hampshire, 1981
• B.A., University of New Hampshire, 1975

Admissions :

• Rhode Island
• Massachusetts

Admitted To Practice :

• U.S. District Court for the District of Massachusetts
• U.S. District Court for the District of Connecticut
• U.S. District Court for the District of Rhode Island
• U.S. Court of Appeals for the First Circuit
• U.S. Court of Appeals for the Second Circuit